5th Circ. Revives ADA Case Against CPChem

Law360, New York (June 5, 2009, 12:00 AM EDT) -- A federal appeals court panel has revived a lawsuit that accused Chevron Phillips Chemical Co. of failing to accommodate an employee with chronic fatigue syndrome and then discharging her in violation of the Americans with Disabilities Act.

In reversing a district court's summary judgment ruling, the U.S. Court of Appeals for the Fifth Circuit found that the Equal Employment Opportunity Commission had raised genuine issues of material fact regarding whether Lorin Netterville was disabled at the time of her discharge, whether CPChem failed to accommodate her...